Authorities in re: Presidential Commissions

When person has been nominated to office by President, confirmed by Senate, and his commission signed by President, with seal of United States affixed thereto, his appointment is complete.

[U.S. v. LeBaron, 60 U.S. 73, 19 How. 73]

[15 L.Ed. 525 (1856), bold emphasis added]

The commissions of judicial officers ... appointed by the President, by and with the advice and consent of the Senate ... shall be made out and recorded in the Department of Justice under the seal of that department and countersigned by the Attorney General.

[5 U.S.C. 2902(c), bold emphasis added]

Federal circuit and district judges are among the “other officers of the United States” required to be nominated by the President by and with the advice and consent of the Senate.

[Thomson v. Robb, 328 S.E.2d 136, 140, hn. 3]

[229 Va. 233 (Va. 1985)]

From this clause [2:2:2] the Constitution must be understood to declare that all offices of the United States, except in cases where the Constitution itself may otherwise provide, shall be established by law.

[U.S. v. Maurice, 2 Brock, U.S., 96]

[26 Fed. Cas. No. 15,747]

... [W]here the law requires a commission to be issued, the person selected is not entitled to the office until the commission issues, and he cannot be legally qualified by taking the required oath until he has received his commission.

[Legerton v. Chambers, 163 P. 678, 32 Cal.App. 601]

[Magruder v. Tuck, 25 Md. 217]

[bold emphasis added]

The commission is in law prima facie proof of the right of the judge to enter on and perform the duties of his office.

[State v. Montague, 130 S.E. 838, 190 N.C. 841]

[Sylvia Lake Co. v. Northern Ore Co., 151 N.E. 158]

[242 N.Y. 144, cert. den. 273 U.S. 695]

It [commission] is the highest and best evidence of his right to the office until, on quo warranto or a proceeding of that nature, is annulled by judicial determination.

[Thompson v. Holt, 52 Ala. 491]

[bold emphasis added]

Without taking the oath prescribed by law, one cannot become a judge either de jure or de facto, and such an individual is without authority to act and his acts as such are void until he has taken the prescribed oath.

[French v. State, 572 S.W.2d 934]

[Brown v. State, 238 S.W.2d 787]

Law requires the judge selected to take an oath of office.

[U.S. ex rel. Scott v. Babb]

[199 F.2d 804 (7^th Cir. 1952)]

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